Oregon Standoff Latest: Ammon Bundy's Lawyers Move to Dismiss the Charges

Arguing that what the federal government describes as an armed takeover of the Malheur National Wildlife Refuge was actually an "act of civil disobedience and a calculated legal maneuver," lawyers for Ammon Bundy moved Monday to dismiss all the charges against him.

They maintain that "the protest was in part designed to force the federal government into court to address the constitutionality of its federal land management policy."

Bundy's lawyers contend that the federal government does not control the land where the refuge is located and, as a result, does not have the right to bring charges for action happen on the land.

While no court has ever upheld a challenge to the federal government's right to own land within the United States, Bundy's lawyers maintain the question of "Does the Constitution of the United States, via the “Property Clause” of Article IV, Section 3, permit the federal government’s permanent ownership and exclusive jurisdiction over public lands" is not settled.

Bundy's lawyers say that much of the government and media characterization of the case so far is "shallow and uniformed" and "hyperbole."

They write: "Ammon is not an “extremist” and is not a member of any militia, patriot group, or political land protest organization." He is not "a militia member of a so-called sovereign citizen and he does not hold anti-government views.

"It is from Ammon’s understanding of federalism and his genuine belief in originalism, coupled with his own personal life experiences, that he, like a growing body of significant thinkers across the United States, has challenged the federal government’s overreach, speaking out against its attendant injustices, and rallying attention to the core question of federal land ownership and related abuses."

Bundy's lawyers maintain that their client and his group - whom they know call "Citizens for Constitutional Freedom" - weren't staging an armed takeover, they were establishing a claim on land they believe to have been illegally claimed by the federal government.

"They contacted the utility company to take over responsibility for utilities and services, and began working the property, and maintaining the perimeter, controlling ingress and egress," Bundy's lawyers write. "This control was not to say that the land was closed off— Ammon and his fellow protesters invited the public to visit their claim and even formed a welcoming committee.

"In fact, when, in an act of political desperation, the government closed down a local school, families and their children actually visited the protest site undeterred by the political propaganda."

Bundy's lawyers hope that by proving the government does not have jurisdiction over the land, it will follow that they cannot prosecute anyone for having been there.

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